Centre Urges Supreme Court To Quash Delhi FIRs Against Student Protesters

The Centre has filed an application urging the Supreme Court to quash 13 FIRs registered by the Delhi police against student protesters invoking the special powers under Article 142 of the Constitution.

The application seeks quashing of 13 FIRs registered for offenses like rioting, attempt to murder, robbery and damage to public property, while it seeks leave for the Delhi Police to register a fresh FIR qua 2873 protesting persons who had serious criminal antecedents. 

The Union says that no fresh FIR will be filed hereafter for the subject incident(s) and if any other FIR, similar to the 13 FIRs, comes to note later, the authorities will not oppose their quashing.

The application urges the court to allow the prayer and clarify that the order shall not be treated as a precedent. 

Solicitor General of India Tushar Mehta orally mentioned the matter before the Chief Justice of India when the bench was about to rise and sought an urgent listing tomorrow. When the CJI asked what the application was about, the SG replied, "It's regarding that protest...for quashing of FIRs...We are invoking Article 142."

"Alright, you file. If parties are reconciling...we have no difficulty," CJI Surya Kant replied.

It is relevant to note that the move has come ahead of the protest march announced by the Cockroach Janata Party in Delhi on September 5 over the allegation that the Centre has not honoured its commitment to withdraw the cases against protesters who participated in the July protests across the country over the exam paper leak issue. The withdrawal of the cases was one of the conditions put forth by the CJP to end the student protests on July 25.

It may be recalled that while hearing the petitions related to the student protests on August 18, the Supreme Court had expressed its inclination to quash the FIRs invoking its special powers under Article 142. This was after the Court was told that there were legal complications in retracting the FIRs, as once registered, they can be closed only by filing a closure report, which the concerned Magistrate has the discretion to reject.

During the previous hearing, the SG had submitted that except for 2873 individuals, who have grave cases involving grievous offences of murder, rape, abductions etc, the cases against others can be quashed. "FIRs against student protestors must be quashed. How to do... your lordships can decide. Anti-social elements who infiltrated have to be probed," the Solicitor General said.

[Note: Story was filed based on SG Tushar Mehta's mentioning. It has been updated since.]